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How to File an Asbestos Lawsuit If you or someone close to you has been diagnosed with an asbestos-related condition, you may be eligible to make an asbestos lawsuit. A qualified mesothelioma attorney can assist you in understanding the options available to you and help start the process. In a mesothelioma-related case the defendants are asbestos exposure companies. These companies might no longer exist but may have established trusts that compensate victims. Statute of limitations A statute of limitations is a law that determines the maximum time someone is required to pursue legal action and bring a lawsuit. The duration of this limitation varies according to the state and also the kind of case. For palm coast asbestos law firm of personal injury cases the statute of limitations begins to run at the moment of the injury or accident. Asbestos sufferers are unique in that they might not be aware of a serious condition such as mesothelioma for a long time after exposure. This is why it's so important to speak with mesothelioma lawyers as soon as possible after an announcement of diagnosis. A mesothelioma lawyer can assist patients determine the details of their case and ensure their rights are protected. Once the lawyer is confident that they have a good case, they will submit the appropriate compensation claim. This could be an injury lawsuit for personal injuries or wrongful death lawsuit, or an asbestos trust fund claim. Asbestos victims must be aware of their filing dates and filing locations. Even if they miss a deadline a mesothelioma attorney might be able to assist them find alternative options for compensation. This could include filing additional lawsuits and submitting claims against the asbestos trust fund. It is also important to keep in mind that a mesothelioma case may go through several stages before settling or trial. During the litigation process victims must work with their mesothelioma lawyers to identify responsible asbestos-related companies and their products. It could take months or even years to complete. The attorneys then need to gather evidence including medical records, employment history and the identification of the product. The attorneys also need to determine damages, which can include future medical expenses, lost income, emotional distress and loss of companionship. The lawyer will then determine the best strategy for achieving the highest amount of compensation for their client. The exact mesothelioma settlement amounts are usually kept secret due to confidentiality agreements. However, occasionally, certain figures are released. For instance, in 2018, the family of a Redding mechanic who passed away from asbestos-related lung cancer received an amount of $630,000 from multiple defendants. This was the second settlement after one in 2017. While these numbers don't represent the total mesothelioma payout however, they show the substantial benefit that victims can derive from their claims. Making a Claim Mesothelioma is a fatal disease that is complicated and requires costly treatment, can put families in financial straits. The money derived from asbestos lawsuits can be used to pay medical bills that can prolong the life of a patient and help loved ones. It also helps with funeral costs and other expenses. However, every case is unique, and there are numerous aspects that can influence the value of a claim. During a free mesothelioma case review, a skilled lawyer will assess the extent to which asbestos exposure has affected your health and determine the best avenue to claim compensation on behalf of you. A mesothelioma lawyer can file a claim with the responsible party to receive financial compensation. This could be a multinational corporation or an insurer who has assumed responsibility from a bankrupt manufacturer of asbestos. The attorney will assist in filling out the paperwork and ensuring that it is filed before the deadline set by state law. The statute of limitations for each state sets a different time frame within which mesothelioma patients must take legal action. It is important to work with a mesothelioma lawyer as soon as possible because once the statute of limitations passes the victim will not be legally entitled to any compensation for your condition. The process of filing a mesothelioma suit can take between two and four years. A multi-disciplined team of lawyers will be there to assist you throughout the way, such as collecting and analyzing medical data as well as interviewing witnesses, conducting research and getting ready for trial. Most asbestos cases reach a settlement before going to trial. However, if you're not satisfied with the settlement amount the lawyer will not hesitate to take the case to trial on your behalf. Compensation for mesothelioma typically will cover future and past medical costs, funeral expenses, lost wages, loss companionship and other losses that are associated with the disease. Veterans with mesothelioma, or other asbestos-related diseases, should also apply for VA benefits to help pay for treatment and care. If you're a veteran diagnosed with mesothelioma, contact a national mesothelioma law firm to get a no-cost legal consultation. A team of mesothelioma lawyers will determine if your mesothelioma claim can be filed against companies who exposed you to asbestos during your military service. Settlements Asbestos-related victims can be compensated through negotiated settlements or verdicts. Both of these can help pay for the costs of treating mesothelioma as well as other issues, such as loss of income or quality of life. In a settlement negotiated the asbestos manufacturer agrees to pay a victim an amount that is negotiated. This is reached through negotiations between the victim's lawyer and the asbestos company responsible for their exposure. A mesothelioma lawyer will review your work history and asbestos exposure to determine who the defendants in your case are. The defendants could be a number of companies that produced or sold asbestos-containing products at your workplace site. These companies exposed workers to asbestos knowingly and failed to warn workers of the dangers until workers passed away from the disease. Most asbestos cases are now settled through trust funds, as many asbestos manufacturers went bankrupt after being flooded by lawsuits. Trusts are able to hold more than $30 billion to aid mesothelioma sufferers. The victim's mesothelioma attorney can help them determine which trust fund to file a claim with. The median mesothelioma settlement ranges from $1 million to $2 million. However, the higher a jury verdict, the greater amount a victim can expect to receive. During the trial phase, mesothelioma lawyers will present evidence such as medical records, employment histories and expert testimony, as well as other documents to prove their client's case. Despite asbestos exposure, victims can still get justice through filing a mesothelioma lawsuit. They can make negligent asbestos companies accountable for exposing their loved ones to this preventable illness and provide them with compensation to cover medical expenses and lost earnings. Mesothelioma can be a life-threatening, painful and debilitating condition that isn't always curable. The financial compensation resulting from a mesothelioma-related case can bring closure to the victims' families, and ensure that they receive the financial aid needed to live as fully as they can. Since mesothelioma can be so serious and deadly, the patients must act quickly. It is essential to find an attorney with a track record of successfully pursuing mesothelioma claims. Check with family members who have been diagnosed with the disease, your physician or other sources for recommendations of lawyers in your area. Trials Many people suffering from asbestos-related diseases receive compensation via settlements. Certain cases end up in court. A trial can last several years and the jury has to determine the amount of compensation. A judge may decide to accelerate the process if the victim is in a extremely serious condition. Trials can be more expensive than settlements. In a mesothelioma case attorneys compile evidence to prove exposure to asbestos. They will identify the manufacturers and companies responsible for that exposure. Mesothelioma lawyers will seek damages for the victim and their families. These damages include compensatory as well as punitive damages. In addition, they will seek to get compensation for the victim's loss of enjoyment from life and lost income. Most victims and their families prefer to settle than to go to trial. Settlements are less stressful than trials and permit victims to receive their payouts earlier. However, an experienced mesothelioma lawyer will plan for a trial, if needed, to maximize their client's compensation. Compensation from a mesothelioma case can assist victims in paying their medical bills, lost wages and other expenses that are associated with the disease. In certain cases, compensation can cover funeral expenses. An attorney can determine the victim's eligibility to receive damages by examining the mesothelioma diagnosis as well as employment and military histories and family histories. They can also check asbestos trust funds to determine if manufacturers or employers have paid compensation. A legal team representing an asbestos victim will also look into pursuing benefits through the Department of Veterans Affairs. Veterans can gain access to the top mesothelioma specialists around the world, and also additional financial aid. However, the benefits of the VA does not limit the rights of veterans to file an action against asbestos companies responsible for their exposure and mesothelioma. In most mesothelioma lawsuits the defendants would prefer not to see the case progress to an entire trial. They are scared of the possible verdict amount especially if the case includes punitive damage. In addition, the lengthy history of verdicts against asbestos companies will make it difficult for them to deny liability at trial.